Beasley v Shoalhaven City Council [2021] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Beasley v Shoalhaven City Council [2021] NSWLEC 1249 Hearing dates: 31 March 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: 1) The applicant is granted leave to amend the development application and rely on: a) the drawings and documents referred to in condition 1 of Annexure "A" to this agreement; b) 'Submission under clause 4.6 of Shoalhaven LEP 2014' (19 March 2021) prepared by Cowman Stoddart Pty Ltd; c) 'Clause 4.6 request (clause 4.2H)' (19 April 2021) prepared by Mills Oakley; and d) Amended class 1 application prepared on 9 April 2021. 2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. 3) The Applicant's written request under clause 4.6 of the Shoalhaven Local Environmental Plan 2014 (the LEP) seeking a variation of the development control for height of buildings set out in clause 4.3(2A) of the LEP is upheld. 4) The Applicant's written request under clause 4.6 of the LEP seeking a contravention of the development standard for the subdivision of land used for the purposes of tourist and visitor accommodation set out under clause 4.2H of the LEP is upheld. 5) The appeal is upheld. 6) Development Application DA19/2160 for demolition of existing structures and construction of a tourist development with: a) ground floor parking; b) first floor with reception, function space, restaurant and bar; c) second floor containing 'four-star' rooms; and d) subdivision is determined by the grant of consent subject to the conditions set out in Annexure "A" to this agreement. 7) The Respondent is directed to register the development consent on the NSW planning portal in accordance with section 4.20(1) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of these orders. Catchwords: DEVELOPMENT APPLICATION – mixed use development with food and drink premises and tourist and visitor accommodation – non-compliance with height and subdivision development standards – subdivision into two lots to enable pedestrian access – conciliation conference – agreement between the parties – orders Legislation Cited: Community Land Development Act 1989 Environmental Planning and Assessment Act 1979, ss 1.3, 4.14, 4.15, 4.16, 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 Land and Environment Court Act 1979, s 34 Shoalhaven Local Environmental Plan 2014, cll 2.3, 4.2H, 4.3, 4.6, 7.1, 7.3, 7.6 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Coastal Management) 2018, cll 1, 13, 14, 15 Strata Schemes Development Act 2015 Texts Cited: Shoalhaven Development Control Plan 2014 Category: Principal judgment Parties: Chris Beasley (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) J Corridini-Bird (Solicitor) (Respondent)